This dam in Vicksburg, seen here swollen by flooding in 2010, determines the lake level of Sunset Lake. That lake level will be set at an April 8 Kalamazoo County Circuit Court hearing.Tom Haroldson/Special to the Kalamazoo Gazette

VICKSBURG, MI – An April 8 hearing in Kalamazoo County Circuit Court will determine the normal lake level for Sunset Lake and how much property owners will be assessed to maintain that level.

The 9 a.m. hearing before Judge Pamela Lightvoet has been requested by Kalamazoo County Drain Commissioner Patricia Crowley following a February study of Sunset Lake in Vicksburg that recommends a set lake level and special assessment costs.

A normal lake level of 846.00 feet above sea level, or 6.8 feet, has been suggested based on studies of past levels. The lake level is considered important because of its impact on septic systems, recreational uses, shore erosion and ice damage, fisheries, wildlife habitat and aquatic weed growth.

In addition, the study recommends special assessments for property owners that range from $50 to $300 a property, with the county to pay $2,600, the village of Vicksburg $5,200, Brady Township $780 and Schoolcraft Township $1,820.

The assessments totaling $26,000 will pay for annual maintenance and inspections of the dam that has controlled the lake level for years. The dam is located at the former Mill of South County, which is the former Fox River Paper Co., on West Washington Street. The owners of the former paper mill also have control of the dam, though residents and the village of Vicksburg have been maintaining it and moving the dam boards that control the water level.

The drain commissioner will take over ownership and maintenance of the dam if the lake level and assessments are approved by the court. The village of Vicksburg is expected to help in that maintenance and inspection. The lake level measurement is determined at the dam.

Ron Smith, president of the Sunset Lake Association and a Vicksburg Village Council trustee, said that he expects to attend the 9 a.m. April 8 hearing in circuit court.

“The Sunset Lake Lake Level Study is a thorough and comprehensive study that takes into consideration the impact of the determination of a ‘normal lake level’ for Sunset Lake upon a variety of stakeholders, including property owners, recreational users, environmental impact, wildlife and the village of Vicksburg,” Smith said.

“In the past, the lake level was dictated by the needs of the local paper mill. As one might imagine, over the past decade or so since the paper mill's closing it has been difficult to define an ideal lake level that satisfies everyone. This study represents the first serious attempt to find common ground.”

But, Smith said, “The conclusions raise a number of unanswered questions that I and other lake residents will bring before the court. Of particular interest is what the term ‘normal lake level’ really means in practical terms, and the penalties for deviating from this level.”

Crowley, in responding to Smith’s questions, said that “The lake level is a management target. Large deviations naturally occur when conditions are behind manageable control, such as droughts and floods. Penalties cannot be collected as a result of these conditions.”

Crowley said that Smith and other residents’ concerns about factors such as rainfall and snowmelt affecting the Sunset Lake level are understandable and agrees that it is difficult to maintain an arbitrary lake level.

“Maintaining an exact level is neither possible nor desirable,” Crowley said. “The Drain Office does try to anticipate large inflows by increasing available lake storage, which is reducing the lake level, so that property damage from flooding is less likely.”

While some residents have expressed concerns about the assessments, Crowley indicated in an e-mail to Smith that the “financial impacts” of the assessments “are what make Sunset Lake possible.

“Compare the range of assessments ($50 for back lots up to $300 assessments for parcels larger than 20 acres). The average American midsize car holds 17 gallons. At $3.60 a gallon it costs almost $60 to fill up one time. What would the value of these properties be without the lake? I encourage property owners to think about the value they get in exchange for the assessments.”

It’s not unusual for courts to set lake levels. A 1930s court order, for example, sets the lake level of Long Lake in Portage and Pavilion Township.

For more information about the Sunset Lake study and background, go to the Kalamazoo County drain commissioner’s website at http://kalcounty.com/drain/projects-notices.htm.